Court's Role

• While the court's preference is to let the parents come to some agreement as to how custody will be determined, in cases where no consensus can be reached, the court will make a determination as to how custody will be determined. The court may only make determinations in custody rights in divorce cases or cases regarding child support orders.
  
  

Deciding Factors

• There are five factors listed in the Alabama code that assist the court in making its decisions relating to child custody law. These factors include: the agreement or lack thereof by both parents to determine joint custody; the past and present ability of parents to cooperate to determine jointly; the ability of each parent to encourage the child to share affection, love and contact with the other parent; any history of child/spousal abuse or kidnapping; and the geographic proximity of the parents to each other.
  
  

Child's Role

• While many states have a section included in their custody codes that clearly states that the wishes of children of intelligible age will be considered by the court when making custody determinations, Alabama doesn't appear to make mention of taking the will of the child into account. The code does make mention of determinations being made in the "best interest" of the child, however.
  
  

Types of Custody

• There are four types of custody that can be granted by the court. These custody types are legal custody (the custodial parent makes school and medical decisions, for example); physical custody (the child lives with the custodial parent); and sole custody (the parent has both physical and legal custody). Joint custody is the fourth type of custody, with a variety of meanings, including: shared legal custody with one parent having physical custody; parents sharing both legal and physical custody; and one parent retaining legal rights while both parents share physical rights.
  
  

Consulting an Attorney

• While attorneys aren't necessary in Alabama to resolve a custody dispute, it could help to consult a lawyer that specializes in family law. You may contact the Alabama State Bar to find a family law specialist (see Resources).